The Code (2019–…): Season 1, Episode 1 - Blowed Up - full transcript
When a soldier in Afghanistan murders his commanding officer, Capt. John "Abe" Abraham and Capt. Maya Dobbins, working out of the Judge Advocate General Headquarters in Quantico, are assigned to the case as prosecution and defense lawyers.
JASON: Maggie. Maggie, Maggie, Maggie. Who's the best?
[Maggie coos]No, that was it.
She just said it.
She just said it.
No, you're right.
To the biased observer,
one of those random syllables
might have been "dad."
No, no, it was not random.
She said it.
Maggie, say "dad" again.
Say "dada." Da...
Dada, dada.
[alarm blaring]
I'm gonna miss this.
Don't pretend
you're anything but a lifer.
You love the Corps.
I'm just not sure
how much longer
it's gonna love me back.
I'll, uh, I'll send you
an e-mail, okay?
I got to go. Love you.
[alarm continues]
You think he's drunk, sir?I think if he tries
to get over the wire,
he's either gonna get
court-martialed or shot.
Do any of these Humvees work?
[engine starts]
Hold fire, Tower.
He's one of mine.
Hey!
Morehead, stop!
Get off the wire.
What's wrong with you?
What are you doing?
[grunts]
[panting]
♪ There must be
some kind of way out of here ♪
MAN:
Get some men to the fence line.
The major went down.
♪ Said the joker to the thief
The major is down...
[continues indistinctly]
♪ There's too much confusion
♪ Mmm, I can't get no relief
♪ Yeah, I see jokers on my left,
thieves upon my right ♪
♪ You'd find me in the middle
if I picked a different life ♪
♪ Before my name
started tripling in size... ♪
[shouting]
♪ All attributed to mine
ABE:
So, who you got?
No one. I got no one, Abe.
I'm gonna focus
on my 40-year-old hamstrings,
if it's all the same to you.
It's not all the same.
Due respect to you
as my senior officer,
it's not even close
to all the same.
We have a tradition.
We size up
all the new candidates,
and we bet
on who's gonna finish first.
Youhave a tradition.
I got a guy I run with
who won't shut up.
Come on, Trey, who you got?
♪ Worked from the earth up...
Well, I agree he'd look good
on a recruiting poster.
The ideal Marine.
Too bad we're lawyers.
We don't pursue ideals,
we pursue outcomes.
Outcomes. Mm-hmm.
Birth control glasses.
[laughs]If that guy wasn't
on the cross-country team,
I'll eat my hat.
You're not wearing a hat.
I own a hat.ALEX:
Abe!
They operated on him for hours,
but he died on the table.
I thought Jason stopped
going out on patrol.
It didn't happen in combat.
Jason was stabbed
by one of his own men.
What?
It was an enlisted guy.
Ian Morehead.
I came to ask you
to handle the case, Abe.
I want you to put this guy away.
RAMI:
It's 0913,
Captain Abraham,
we are hard at work
enforcing the Uniform Code
of Military Justice.
I'm aware of both the time
and our mandate, Mr. Ahmadi.
Then you're also aware that the
staff meeting is in progress.
You should say you got pulled
over for running a stop sign.
Don't worry about it.Sir, it's been
more than five months
since you pretended
to get a moving violation.
It's the freshest excuse
by far.
I guess you could go with
a burst pipe in your apartment.
Pay attention, Rami.
I have a legitimate
excuse today.
The clothes.
It's got something to do
with the clothes.
The Article 32 hearing
is next week,
but Kearney's on defense,
so it'll probably plea out.
Can we discuss the murder
at Task Force Southwest?
We usually suggest latecomers
catch up by listening,
Captain Abraham.
No one appreciates that policy
more than I do, ma'am.
You've certainly demonstrated
your commitment to tardiness.
Jason Hunt was my C.O.
when I got shot.
He personally made sure
I got back on my feet,
and he turned into one of
the best friends I've ever had.
Last night
he took a knife wound
on the wire, and he bled out
on the operating table.
I know. And I'm sorry.I'd like to request
that we bring the accused
to Quantico for court-martial.
This is the murder
of an officer.
It deserves the varsity.
Furthermore,
I want to handle
the prosecution.
Did you just say "furthermore"?I did.
He's serious.
He said "furthermore."
I have already detailed
Major Ferry to
handle the case.
ABE:
Colonel, I have
the utmost respect
for Major Ferry's work.
"Utmost"?
He's an exceptional lawyer,
and his commitment
to a frugal lifestyle
inspires us all.
But in light
of the unique circumstances...
Unique circumstances
are the reason why
you're notgetting the case.
Major Hunt's next of kin
don't need a buddy in court.
They need a lawyer.
Ma'am, they need me.
They asked for me.
And with due respect
to the talent in this room,
I cannot sit out
on Jason's murder trial.
Major Ferry,
are you willing to
accept cocounsel?
Now, does anyone object
to us resuming
our staff meeting?
Actually, ma'am,
apologies. I got to go.
Where? What's with the clothes?
Jason's coming home.
Carry on.
Captain Dobbins.
I'm sorry about Major Hunt.
Thank you.
What are you doing here, Maya?
The MPs put PFC Ian
Morehead on that transport.
They put him
on the same flight as Jason?
It's a big plane, Abe.
I'm waiting to meet my client.
[chuckles softly]
You'rerepresenting
PFC Morehead?
I thought you liked
cases that are
a little less open-and-shut.
We must have competing
understandings
of the phrase "open-and-shut."
Counselor, your client
is getting the big green weenie.
It's just a question
of how forcefully
the government applies it.You're filing capital charges?
Bold play.
The military hasn't
executed anyone since 1960.
Could be this is a special case.
Could be my cocounsel and I
are waiting for a reason
to take the death penalty
off the table.
You'll know when I'm
in bargaining mode
because I'll be
bargaining with you.
Your client's
pleading not guilty?
Bold play.
He stabbed
his commanding officer
in front of six
Marine eyewitnesses.
There's a pretrial motion
on its way to you.
Be ready to argue it
at the arraignment.
A motion for what? Mercy?
A continuance.
I want some more time
to investigate.
BAILIFF:
All rise.
50 bucks says I can
get Metcalf to mention
his Purple Heart
before you can.
Don't keep us in suspense.
TREY:
This court-martial is convened
by general court-martial
convening order 1-17.
The accused, PFC Ian Morehead,
is charged with Article 118--
murder, Article 128--
assault, and Article 134--
disorderly conduct.
Does the defense have a plea?
Not guilty, Your Honor.
METCALF:
So noted.
Now, as to this motion
for a continuance...
Respectfully,
Your Honor, why the need
for a protracted
investigation?
The accused stabbed
his commanding officer
in front of six eyewitnesses.
PFC Morehead
doesn't remember the incident.
That's what the
witnesses are for.
Your Honor,
I refer the court
to page seven
of the pretrial motion.
This picture depicts
an MRI scan of a
healthy human brain.
This is an MRI
of PFC Morehead's brain,
taken at my request.
The overall neural mass
is considerably decreased,
and these hardened areas
indicate necrotic tissue.
The defense plans
to call experts
who will testify that my client
has clearly suffered
one or more traumatic
brain injuries.
Your Honor, this is nothing
more than an attempt
to distract the
court from the fact
that PFC Morehead
stabbed Major Hunt.
TBIs have been called
the signature wounds
of our conflicts in
Iraq and Afghanistan.
They occur when a blast wave
from an explosion,
most typically caused by an IED,
slams a Marine's brain
against the inside
of his or her skull
with tremendous force.
We're all Marines.
We know full well
what a TBI is.
Is the defense advancing
a legal argument?
TBIs have been
difficult to diagnose
because there are few
obvious outward symptoms.
Fortunately, the
military has developed
ways to assess and
treat these wounds.
The defense intends
to demonstrate
that these protocols were not
followed in PFC Morehead's case
and that he was left
untreated and permitted
to remain in a combat zone
while clearly unfit for duty.
Which, if true, is a
tragedy, but not one
that impacts
on the fact
that PFC Morehead murdered
his commanding officer.
Doesit impact on the facts?
Untreated TBIs have dozens
of side effects.
The most serious ones involve
personality changes,
changes that, if left unchecked,
can lead to violent incidents.
Incidents like, say,
the stabbing of Major Hunt.
I'd like to go to PFC Morehead's
base and find out why.
Why is it that a Marine
who should have been
forcibly retired from combat
several times over
remained at his post?
The government
requests dismissal of the motion
so that PFC Morehead's
court-martial
can proceed as scheduled.
You'll supervise
the investigation personally?
ABE:
I'd like to remind
the court that the
Uniform Code confers
the same investigative
privileges to both the defense
and the prosecution.
Uniform Code, you say?
I'll have to give that
a look-see.
Your Honor, what I'm
trying to say is...
if she's going,
I'm going, too.
Keep your heads down over there.
We don't need
any more Purple Hearts
in this courtroom.
Metcalf was ruling
on my motion
when he mentioned
the Purple Heart.
I was the last one who talked.
Inconclusive. I'm not paying.
Go pack.
We're headed to a war zone.
♪
What's your name, Marine?
Guerwicz, sir.Private Guerwicz,
can you tell me the months
of the year in reverse?
Start at the end
and work your way back
to the beginning.
December, November,
October, September,
August, June...
I-I mean, August,
July, June,
May, April...
You're making
some kind of a point.
The tools the Corps uses
to diagnose concussions
are a long way
from an exact science.
This test-- the Military
Acute Concussion Exam?
Private Guerwicz here is a boot.
He's never seen a second of
combat, and he still failed it.
Should we pull him
from active duty?
The MACE is a
blunt instrument.
But without it, hundreds of
honorably obtained war wounds
would go undiagnosed.
Do you really plan to
argue that's a bad thing?
I got witnesses. You've got...
concentration games.
December, November,
October, September,
August, July,
June, May, April,You can stop now.
March, February, January.
We haven't had a mortar
attack for a while,
but if one comes
in, just duck--
they're firing blind.Will do, Lieutenant.
It's been quiet,
so odds are good
you won't see
any action.
Lieutenant Jin, are you aware
that Captain Abraham served
multiple tours at this base when
it was called Camp Leatherneck?
I wasn't briefed
on that, ma'am.
He saw combat here,
and he brought a bullet home
for his troubles.
He knows what to do
in the event of mortar fire.
Roger that. I was led to
believe the two of you
were on
opposing sides.
Oh, we are.
But Captain Dobbins likes
to look out for me,
right up until
we get into court.
I concur with your expert.
PFC Morehead has
necrotic tissue in his brain.
It's a fair bet
he's suffering from CTE.
Course, there's no way to tell
for sure while he's still alive.
I'm confused,
Commander Hewitt.
As battalion surgeon,
aren't you
the ranking medical authority
at Task Force Southwest?
Hmm, I am.
PFC Morehead
survived
seven different explosive
incidents during his tours here,
and... no one ever thought
to give him an MRI.
Well, we can only work
with the assets we're given.
After each incident,
we administered
the MACE exam
to PFC Morehead.
He passed every time.
There was no sign
an MRI was indicated.
I wish the MACE was
a perfect tool, I do,
but it works sometimes.
Can you give me
some examples of cases
when active-duty Marines
at Camp Habibi
have been diagnosed with a TBI
and treated properly?
You're asking me
to describe medical records.
Those are private.
That's not necessarily true.
The UCMJ
specifies that
under the Military
Command Exception,
privacy can be waived
in urgent circumstances,
like, say, when a Marine is
on trial for his life.
Can I, uh,
help you find something?
Oh, sorry.
Just looking.
Wanted to see if I
recognize any names.
Well, look, I appreciate
you both have a job to do,
but I can't invoke
the Command Exception.
I'm not the C.O.
of Task Force Southwest.
[sighs]
If I'm not mistaken,
you just...
tried to help me.
Very un-Abe.
MAYA:
If you're willing to invoke
the Command Exception
to give us access to
your medical records,
you could help clarify
the circumstances
surrounding Major
Hunt's death.
I wasn't aware the circumstances
needed clarification.
The eyewitness testimony
is compelling,
but if you could give us access
to the base's medical records,
we could rule out
any uncertainty.
Forgive me,
Captain Dobbins,
but I'm not inclined
to share the private records
of Marines who haven't stabbed
their commanding officer
in order to come
to the defense of one who has.ABE:
At this point,
General, you'd be helping
the prosecution
as much as you'd be helping
the defense.
The prospect of negligence
will be raised regardless,
so if I can demonstrate
it's not part of a pattern,
my case against PFC Morehead
will be easier to prove.
Easier?
I used to drink with
some judge advocates.
They had a motto back then:
"Marines first, lawyers second."
That still the thinking
back at Quantico?
Of course.
Then please tell me
how an officer
in the U.S. Marine Corps--
one who's already got
a half-dozen eyewitnesses
to a murder--
can stand there
in good conscience
and ask me
to make his job easier?
Respectfully, General,
it's a court case.
Our job is to cross
the T's and dot the I's.
With mutual respect,
skipper...
I suggest you make do
with what you've got.
MAYA:
I want to go
over Coburn's head,
appeal to the commander
of CENTCOM
and get him
to release the records.
Help me turn over
some rocks?
You happy
with what you just heard?
Lieutenant, we
can get out here.
Captain Dobbins and I
need about 15 minutes.
We're headed back to the
battalion aid station.
Yes, sir.
Why are we going back
to the hospital?
Because if I'm gonna
help-- no offense--
I'd rather do it
productively.
There's no point
in appealing
to the head of CENTCOM
for the records.
He's not gonna undermine
a general in the field.
The people who work
for Commander Hewitt
aren't gonna tell tales
outside the chain of command,
so they're a wash.
But if we could talk to some
people who usedto work here,
maybe they'd be
more candid.
Why would Hewitt
give us those names?
He hasn't exactly been a model
of transparency so far.
He doesn't need to
give us anything.
Remember that plank
I was looking at
back at the battalion
aid station?
There's a tradition
at this camp:
Marines who are rotating
home carve their names
and dates of service in the
wood they used to build it.
ABE [over phone]:
Those are all former
battalion aid staff
at Task Force Southwest.
Some of them will still be
in the military,
some not, but find someone
who will talk to you
and ask him if there were
any irregularities
in the enforcement
of MACE protocols
while they were stationed
at Camp Habibi.
Um, did you get co-opted
by Maya over there?
Because we do prosecution
on this floor.
Oh, we're gonna be
prosecuting people.
We're just figuring out who.
Last I checked, there was
only one guy holding the knife.
Just look into it
for me, okay?
If it's nothing,
it's nothing.
Would you care to rephrase that
as a request from a junior
officer to his obvious superior?
Would the major
please assign himself the task
of interviewing the names
from the photograph, sir?
The major will give the request
due consideration.
Thank you, Captain Abraham,
for your ongoing respect
for the sanctity
of the chain of command.
TONI:
I was stationed at Habibi
for two years.
I helped to diagnose
and treat injuries
when the battalion surgeon was
either busy or unavailable.
Hmm, and as part
of those duties,
you administered the Military
Acute Concussion Examination?
Sure. Plenty of times.
Can you recall
any irregularities
in how the exam was given
or how it was scored?
Anything unusual at all
could he helpful.
Helpful with what?
A Marine stationed
at Camp Habibi
murdered his commanding officer.
He had an undiagnosed TBI.
MAN: Toni, we need
you in prep.I got to go.
If you'd just tell me
what you remember.
Good luck.
You know someone
on the spectrum?
My son.
You recognize this?
Well, my nephew's
in the same boat.
Does your kid have
a classroom assistant?
I'm working on it.Hmm. My sister started
a Tumblr account
when her kid didn't get help,
and once she had 10,000
followers, moved things along.
Thanks.
MAN:
Toni?
Abe, it's Trey.
I'm almost through
all these names you gave me.
I haven't found anyone
who's willing to stray
from the party line.
I'm starting to wonder
if the party line
might be the truth.
Hey, call me back
when you get this.
Everything all right, ma'am?
I'm sorry. Toni.
ABE:
Major Ferry.
To what do we owe
the pleasure?
It was an order, Abe.
This guy Hewitt,
he called a meeting with
the entire medical staff.
Gave them explicit
instructions about the MACE.
They were to issue it
as many times as it took
for the person taking it
to get a passing score.
Sorry, doesn't that negate
the whole purpose of the test?
Of course it does.
It wasn't just Ian Morehead
who didn't get the
treatment he needed.
No one at Camp Habibi
could fail a MACE exam.
It was official policy.
Our witness says Commander
Hewitt was fielding complaints
from brass about Task Force
Southwest being understaffed
and constantly losing people
to sick bay, so he told his team
to readminister the MACE
as many times as it took.
What do we do?Strictly speaking,
we don't have to do anything--
we have our eyewitnesses.
The case is strong.
MAYA:
This is ridiculous.
This changes everything.
You need to make a deal
with my client.
Excuse us.
The prosecution is conferring.
[sighs]
So we put Morehead away--
does that feel like justice?
Justice is whatever happens when
the panel reads their verdict.
There was a standing order
at Camp Habibi,
and it led to Jason's death.
Commander Hewitt
should be held accountable.
I don't disagree,
but there's a pucker factor
trying to prove that.
It'll be Toni
Poirier's testimony
against the word
of the active-duty personnel.
Huge pucker factor.
Is she credible? How'd you
get this woman talking?
I told her about
my neuro-atypical nephew.
You don't have a nephew.
Be careful not to mention that
in front of the witness.
MAYA:
You need Morehead's testimony.
You're going after Hewitt,
right?
We will be with you in a moment.
We have a winner here
ifwe go after Morehead.
We take on the battalion
surgeon, I wouldn't lay money
on the outcome.WOMAN:
Excuse me.
This is from
the young woman.
You want to make a deal with
the Marine who killed Jason?
ABE:
Morehead's not the only one
responsible for Jason's death.
I want to get this right.
Like exactly right.
[sighs]
What?
Did you know
my dad was a Marine?
Commanded a division
in Vietnam and everything.
My grandfather ran the show
in Belgium during World War II.
After I took my bullet,
when they told me
I couldn't be
infantry anymore,
I wasn't sure I wanted
to keep going with this thing.
I mean, "Every Marine
a rifleman," right?
We fight.
If you can't do that,
what's the point?
Jason helped me find this.
I'm here
because of him.
I'm a lawyer because of him.
I owe him everything.
I want this doctor
inside a brig forever.
But...
Morehead's the easy get.
If you tell me to stand down
from the rest, I will.
And this is the right thing?
We could lose.
Do it.
[dialing]
[line rings]
TREY:
Hey, what's up?
Trey, tell Maya
we'll take the deal.
We won't be able
to put Hewitt away
without PFC Morehead's
testimony.
Good morning,
Captain Abraham.
Is it still morning, Rami?Hmm.
I understand from Major Ferry
you're looking to make a case
based on a pattern
of malpractice
without access
to the relevant medical records.
And you have an
opinion about that?
An opinion?
Not even remotely.
I'm just a facilitator here.
But since you asked, sir,
you should be aware that the
commanding general for CENTCOM
works out of MacDill
Air Force Base in Tampa.
Thanks. I'm aware.And said CG
is none other
than General Holden Hamilton
"H.H." Carrick IV.
He's the one who could overrule
Coburn and get you the records.
The fourth. I admire
his commitment
to the H.H.
Carrick lineage.
H.H. Carrick IV is,
as you might guess,
the son of H.H. Carrick III,
who, it happens,
served honorably
under General Russell Abraham
in Saigon
and other
South Asian environs.
His dad worked for my dad?
Sounds like a Hail Mary.
Resourceful as always.
But I'm about to depose
my star witness.
I don't think
we need a...
frankly, desperate appeal
to family ties.
Good work, though.
[exhales]
Sorry.
It's in the fog.
When you say "in the fog..."?
I mean I-I don't remember.
Things are...
fuzzy for me sometimes.
PFC Morehead,
when you survived
your fifth explosion,
can you tell us
who issued you the MACE exam?
Um...
Sorry. No. That's...
In the fog.
In the fog.
Would you excuse us?
Due respect: your client doesn't
remember anything helpful.
He doesn't remember
anything harmful.
Right. Because "not harmful"
was what we were going for
when we made your guy
our star witness.
Who's representing
Commander Hewitt?
He opted for private counsel.
A certain retired Marine colonel
named Hermes
Papademotropoulos.
Did you think Hewitt was
going to hire a bad lawyer?
We're not upset
because he's good.
We're upset because we
have to spell his name.
Rami.
Can you get me an appointment
with H.H. Carrick IV?
Hail Mary time already?
CARRICK:
Russ Abraham?
[chuckles] Your old man was up
there with Santa in my house.
Three-- that's what we
used to call my father.
My granddad was Two.
I'm Four. You get it.
Three talked about
General Abraham constantly.
It was-- it was
annoying as all hell.
Did your staff brief you?
You want me to invoke
the Command Exception
so you can look at the records
for Task Force Southwest.
It'd help me get to the bottom
of a complicated situation, sir.
Yeah. I encourage
my staff to join me
for mindfulness training
three times a week.
You can sit in.
I've been on planes
for three days.
I'll fall asleep if I try to,
you know, meditate.
No, it's not meditation.
It's the practice
of mindfulness.
This is the
U.S. military.
The way you phrase things
absolutely matters.
So...
you went over Coburn's
head because you thought
my connection to your
dad would make me
sentimentally receptive
to your request.
Pretty much.
It was a nice try, kid.
You sure you
won't join us?
I got to get back
to Quantico, sir.
Thanks for hearing me out.
All right.
General Carrick.
Why not invoke the exception
and take a look
at the records yourself?
If you did it, it wouldn't be
undermining General Coburn.
You'd be doing
your due diligence.
My due diligence?
This is the U.S. military.
The way you phrase things
absolutely matters.
[chuckling]
[phone rings]
What's up, Trey?
What did you say
to General Carrick?
Look, we knew
it was a long shot.
Abe, he released the records.
What?
He invoked
the Command Exception.
Now, from what I can tell, Toni
Poirier is telling the truth.
No one-- and I mean no one--
has been diagnosed
with a concussion
since Hewitt
took over as surgeon.
[beeping]
That's Maya. I'll call you back.
We got the records.
Everything's moving fast here,
Abe.
Two of the medical officers
serving under Hewitt
at Camp Habibi
have requested counsel.
What do they need lawyers for?
They changed their statement.
They're both willing to testify
that Hewitt gave an order
to ignore MACE protocols.
The MPs are arresting
Commander Hewitt as we speak.
Congratulations.
TREY:
Don't touch the dog.
I'm serious.
I've got a lot of facts and
figures running through my head.
You sure that's what you want
to add to the mix?
Judge Corpus trains
service animals.
Apparently, the worst thing
you can do is pet them.
Breaks down their discipline.
Just don't touch the dog.
BAILIFF:
All rise.
Easy day, ladies and gentlemen.
Does the government have
any opening statement?
Ladies and gentlemen,
Lieutenant Colonel
Corpus and...
Yeti.
...and Yeti. Good morning.
PFC Ian Morehead stabbed
Major Jason Hunt in the stomach
while they were serving in
Helmand Province, Afghanistan.
Commander Hewitt, the battalion
surgeon at Task Force Southwest,
issued an order to his
staff concerning the MACE,
the exam designed to diagnose
traumatic brain injuries.
Commander Hewitt,
who had
his doubts about
the effectiveness of the test
and who felt that Task Force
Southwest was understaffed,
issued an order
that no one,
no one was to fail the MACE
on their watch.
This illegal order
set the conditions
for PFC Morehead's crime.
It led directly to the death
of Major Jason Hunt.
Commander Noah Hewitt
shares responsibility
for the murder
of an outstanding Marine.
He has to share
in the punishment, too.
Mr. Papa...
demo... tropoulos?[chuckles]
Thank you, Your Honor.
Feel free to call me Princess
if it makes
things easier.
My drill instructor sure did,
and the name just
kind of stuck.
It's been my pleasure
to sit opposite Major Ferry
and Captain Abraham
many, many times.
And they are both
just as good as the game.
And you're gonna hear
some well-crafted arguments
from the government.
But ultimately
it comes down to this:
it simply can't be proven
that Commander Hewitt
issued an order to ignore
the MACE protocols.
Now, you're gonna
hear testimony
from some of his staff
that say he did,
and you're gonna hear from
others who say he didn't.
That's "he said,
she said" stuff.
I mean, the government is,
quite simply, trying to...
point the finger of blame
where it doesn't belong,
where it can't belong.
Because we know
who killed Major Hunt.
And he's right here in
this beautiful courtroom today,
flanked by military police.
And his name is
PFC Ian Morehead.
My name is Cameron Naldi.
I'm a lieutenant junior grade
with the Navy Expeditionary
Combat Command,
currently assigned
to Task Force Southwest.
And why is
a Navy officer stationed
on a Marine Corps base?
Sir, I'm an MSO,
a-a medical service officer.
The Marines don't staff
medical personnel.
Did your commanding officer,
Dr. Noah Hewitt,
call a staff meeting
on August 4, 2018?He did.
And what was the topic?
The MACE exam.
Commander Hewitt told the staff
we were to reissue the questions
as many times as it took
for any injured Marine
to receive
a passing score.
And did anyone on the staff
voice concerns about the order?
Lots of us.
And did you follow
your C.O.'s orders?
Did you ask the questions on the
MACE as many times as it took?
Of course, sir.
We all did.
PAPADEMOTROPOULOS:
Lieutenant Naldi,
how would you describe
your relationship
with Commander Hewitt?
He's the battalion surgeon.
He's my boss.
Do you enjoy
serving under him?
Objection.
Relevance.
Lieutenant Colonel Corpus,
I intend to demonstrate bias
on the part of this witness.
I'll allow the
question to stand.
He's my commanding officer.
I do what he tells me to do.
But, son, didn't you go
over his head to request
a transfer out of
Task Force Southwest?
I did.
So you don't always do
what he tells you to do.
Objection.Objection.
That's argumentative.
Sustained.
Don't needle the witness,
Mr. Pa...
Don't needle
the witness.
What was the reason
you requested a transfer?
I thought I could serve
more effectively elsewhere.
But your request
was denied.
How many fitness reports
did Commander Hewitt
issue rating
your performance?
Three.
And in each of
those reports,
he describes you as being
barely fit for duty,
your work hampered by
anger management issues.
Did he not?
Son?
He did.And if this
court-martial finds
Commander Hewitt guilty
of murder, would he still
be posted at Camp Habibi?
Of course not.
He'd be in jail.
And you would have achieved
your goal of escaping his yoke.
Objection.Objection.
The government
is under
no obligation
to deliver its objections
in stereo.
Sustained.I will
withdraw the last question.
Nothing further.
I'm Antoinette Poirier.
I was a Navy
Independent Corpsman
detailed
to Task Force Southwest
from May 2017
until November of last year.
Can you describe
the staff meeting called
by Commander Hewitt on August 4?
Ms. Poirier?
We had a lot of meetings.
I can't recall
at this time.Ms. Poirier,
when we deposed you, you
described the meeting in detail.
I don't remember what happened
on August 4. Not at this time.
Forget the date. Do you recall
a meeting where Commander Hewitt
outlined a new policy
for issuing the MACE exam?
I don't. Not at this time.
Why are you doing this, Toni?
PAPADEMOTROPOULOS:
Objection, Your Honor.
Counsel is leading the witness.Sustained.
Why are you doing this?Objection!
Sustained. The witness
will ignore the question,
and counsel will move on
or be held in contempt.
Your Honor, the
witness's testimony
runs directly counter to what
she said in her deposition.
The government requests a
recess to assess its case
in light of the change.
Ms. Poirier, you maintain
you can't recall events
you recently
described in detail?
Not at this time, Your Honor.
CORPUS:
Then the request is granted.
I'll see you all
tomorrow.
The witness may step down.
BAILIFF:
All rise.
Abe, you old-ass leprechaun.
[chuckles]:
Happy birthday, man.
Um... listen,
Alex wants to fix you up
with somebody,
so call her, okay?
GLENN:
If you're just gonna sit
there all night, we're gonna
have to start charging you
for electricity.
Colonel.
You look, um...
Yeah, I clean up okay. Sit.
That is if your ass isn't
too sore from court today.
You heard about that?
Your star witness recanted
right in front of the panel.
What happened?
Trey went to go see Toni Poirier
after the recess.
She'll never admit this
on the record,
but I guess,
when she was overseas,
she had an affair
with one of the other officers
posted to the battalion
aid station.
The guy she used to be with
sided with Hewitt.
He came to Toni
and told her that...
he'd tell Princess what happened
if she didn't back off.
They'd expose
the affair on cross
while her husband was watching.
Sometimes it goes
the way you planned, and...
sometimes it's a goat rope.
I'm sorry it happened
on Major Hunt's case.
Thanks.
So? Is that it, then?
Should I let the CNO know
that it's game over?
The head of the Navy's
been calling you?
You've accused one
of his officers
of a far-reaching
pattern of conspiracy
and malpractice.
I have also heard
from the commandant's office
more than once.
I wish you would've told me.
You needed your space to work.
It's my job to get it for you.
Is it gonna cost you?
If that panel finds
Commander Hewitt innocent,
it's gonna cost us all.
So, this doctor's gonna walk?
Maybe.
We still have
the medical records.
We might be able to leverage
that into a little time.
[whispers]:
Okay.
Okay.
I'm sorry, Al.
[sighs]
You keep acting
like I expect everything
to work out perfectly.
I'm not some kid.
I know.
But Jason loved the Corps.
He...
he deserved better.Abe...
Jason was a Marine,
but he wasn't an idea.
He was a man.
He knew the world
wasn't perfect.
And he damn well knew
the Corps wasn't, either.
And right before
he died, he told me
he wasn't even sure
it deserved what he gave it.
What do you mean?
He did love the Marines,
like you said,
but right before he died, he...
he told me he wasn't sure
how long the Corps
would love him back.
Why?
I'm not sure.
But the way he said it...
I don't know,
it was weird.
He said he was gonna
write me an e-mail.
Do you have Jason's password?
ALEX:
Sorry, what are you looking for?
Jason used to write me
these incredibly long e-mails.
I'd ask him how he did it,
and he told me
that he wrote them
over a few sessions.
He'd save the letter in progress
in his drafts file.
I guess I'm curious
what his beef
with the Marines was."MACE."
Like the exam.
You guys finished yet?
'Cause I really need you
to be finished.Done.
Done. And for the record, Trey,
you are not a faster reader
than I am.
Scoreboard.Please.
I was out with my team.
I've had two beers.
So?
So... Jason knew
Noah Hewitt told his staff
to ignore MACE protocols.
He confronted him about it.It's intriguing,
but I don't see
what it changes.It changes everything.
Jason was going to expose
Hewitt, and Hewitt knew it.
"Hewitt knew it."Thank you, Captain.
I'm aware that it rhymes.
Noah Hewitt had motive
to kill Jason.
Right, except he
didn't kill Jason.
Not literally, anyway.
I think maybe he did.
And it wasn't
just neglect,
it was deliberate.
Noah Hewitt murdered Jason,
using Ian Morehead as a weapon.
In the billiard room?
I'm sorry, Abe,
I'm just waiting
to hear something
you can actually argue in court.
Jason died the same day
he confronted Hewitt.
On the night of the murder,
Morehead told his bunkmate
he was having
terrible headaches.
He left for sick bay at 2115--
except there's no record
of PFC Morehead being treated.
Two hours later,
he is spotted
near the fence line
and he murders Jason.
What did Morehead do
with those two hours?
Wandered?
It's a big base.
No one saw him, no one saw him
until he was walking
toward the wire.
I think maybe
he went to sick bay.
But Hewitt never put it
in the log,
because he saw an opportunity.
Instead of treating
Morehead's symptoms,
he made 'em worse.
Now, there are all
kinds of ways to...
agitate someone
in a disoriented state.
Oh.
Captain Dobbins sees
the beauty of my theory.
Hewitt whips Morehead
into a frenzy
and then drops him in a spot
where he knows
Morehead's commanding officer--
the same guy who is about
to wreck Hewitt's career--
is going to be called in
to bail Morehead out.
ABE:
Maybe Morehead attacks Jason,
maybe he doesn't,
but what's the harm
in giving it a shot?
If it works, you got rid of
two problems, two big problems.
Okay, it's
an interesting theory,
but unless you've got footage
of Hewitt taking Morehead
out to the wire,
I don't see how you prove it.
I have no such thing.
Neither of them show up
on the security footage.
We have to seek...
alternative evidence.
Such as?
We're probably
not going to find any.
Either way,
we need time to look.
Call Princess.
Tell him you want to negotiate
a plea in the morning.
You can drag your feet
while we dig around.
For how long?
No idea.
Can you kill a whole day
if we need you to?
A filibuster?
Honey...
you came to the right gamecock.
PAPADEMOTROPOULOS:
You've been out here
for two hours-- you got
a counterproposal for me,
or not?There are a ton
of deal points here, Princess.
I am working on it.
So I'll respond one by one.
You like that movie?
This negotiation is over.
How'd it go on your end?
They're all here.
How about you?
Please tell me
you got something.
I got something.
I think.
BAILIFF:
All rise.
Abe, we got to
fish or cut bait.
Do you have any news
for us, Counselors?
Your Honor,
may I have a second?
[gallery murmuring]
I'm waiting for an e-mail
from Afghanistan.
Someone with the username
Get That Ass 23.
Tell me when it comes in.Our case rides on a guy
who calls himself
Get That Ass 23?Just watch the phone.
Gentlemen.I'm gonna buy some time.
Your Honor, the government
and the defendant were unable
to reach a deal.
We call...
Commander Noah Hewitt.
[gallery murmuring]
For what I sincerely hope
is the final time,
no, I did not treat PFC Morehead
on the night he
murdered Major Hunt.
And I certainly didn't drive him
to the fence line.
I think you did.
I think you used
him to kill Jason,
because Jason knew about
all of the Marines who came
to your battalion
aid station for help
but left it as your victims.PAPADEMOTROPOULOS:
Objection.
Counsel is obliged
to offer evidence,
not his opinion.I'm certain
evidence is forthcoming
in the very near future.
Victims like
Ian Morehead himself,
a kid from
Skowhegan, Maine,
who almost washed out
of Parris Island
three different times,
but he stuck it out
because he wanted
to serve his country.
A kid who became
a Marine,
then woke up from a blackout to
find himself accused of murder.
Victims like
Mateo Lopez...
Objection!Sustained.
...a decorated veteran
who sleeps
on a park bench
because he can't hold down
you are in contempt of court.
Adrian Sorensen
couldn't be here today.
He committed suicide.
But his widow
would very much like to
meet you, Commander Hewitt.
[gavel bangs]CORPUS:
Enough! The spectators
are to sit immediately.
Captain Abraham,
that outburst earned you
a letter of reprimand.
Your next step
is 30 days in the brig.
Do you have
any questions
for the witness, or not?
[sighs]
Commander Hewitt,
on the night of Major Hunt's
murder, did your staff treat
a Private Lance Trainor
for forehead abrasions?
Possibly.
They did.
We have the records. Exhibit I.
One of your
Independent Corpsmen
gave him 12 stitches
in his forehead.
Would you read from the log
and tell us why
Private Trainor
required attention?
It says Private Trainor
took a dare.
He, uh...
he intentionally put his head
through the window of a latrine.
And what would you say
if I told you
that one of Trainor's
squad mates took a video
of the incident, and in the
background of that video,
we can clearly see you driving
a restrained Ian Morehead
in the direction
of the fence line?
I guess I'd say
I'd like to see that video.
CORPUS:
Does such evidence exist,
Captain Abraham?
Your Honor,
we're waiting for it.
No, the court has already been
more than patient.
Get That Ass!CORPUS:
I beg your pardon?
We have the video, Your Honor.
It just came in.
The government would like
to introduce it
as Exhibit J.Objection!
It's an e-mail attachment.
We'll be ascertaining
the provenance of the evidence,
but for now
the court will take a look.
[soldiers chattering]
PAPADEMOTROPOULOS:
Your Honor,
my client wishes
to revise his plea
and enter a new plea of guilty
on all charges.
And in light of this,
I'd like to
request a recess
to talk a deal
with the government.[mouths]
Granted.
This court-martial
will resume tomorrow.
[gavel bangs]
[exhales]
[sniffles]MOREHEAD:
Mrs. Hunt?
I'm...
...so sorry, ma'am.
With everything
that I am
and everything
that I'll ever be, I'm...
sorry for what I did.
God bless you and your children.
Thank you.
[sighs]
MAYA:
Nice work in there.
Am I looking at a new Abe?
What is it you like to say?
"We're lawyers. We don't chase
ideals, we chase outcomes."
I believe I got an outcome, too.
Thanks for the assist.
I'm just sorry we
didn't get to go head-to-head.
Patience, Captain Dobbins.
All good things in time.
♪ Yeah, I see jokers on my left,
thieves upon my right... ♪
Captioning sponsored by
CBS
[Maggie coos]No, that was it.
She just said it.
She just said it.
No, you're right.
To the biased observer,
one of those random syllables
might have been "dad."
No, no, it was not random.
She said it.
Maggie, say "dad" again.
Say "dada." Da...
Dada, dada.
[alarm blaring]
I'm gonna miss this.
Don't pretend
you're anything but a lifer.
You love the Corps.
I'm just not sure
how much longer
it's gonna love me back.
I'll, uh, I'll send you
an e-mail, okay?
I got to go. Love you.
[alarm continues]
You think he's drunk, sir?I think if he tries
to get over the wire,
he's either gonna get
court-martialed or shot.
Do any of these Humvees work?
[engine starts]
Hold fire, Tower.
He's one of mine.
Hey!
Morehead, stop!
Get off the wire.
What's wrong with you?
What are you doing?
[grunts]
[panting]
♪ There must be
some kind of way out of here ♪
MAN:
Get some men to the fence line.
The major went down.
♪ Said the joker to the thief
The major is down...
[continues indistinctly]
♪ There's too much confusion
♪ Mmm, I can't get no relief
♪ Yeah, I see jokers on my left,
thieves upon my right ♪
♪ You'd find me in the middle
if I picked a different life ♪
♪ Before my name
started tripling in size... ♪
[shouting]
♪ All attributed to mine
ABE:
So, who you got?
No one. I got no one, Abe.
I'm gonna focus
on my 40-year-old hamstrings,
if it's all the same to you.
It's not all the same.
Due respect to you
as my senior officer,
it's not even close
to all the same.
We have a tradition.
We size up
all the new candidates,
and we bet
on who's gonna finish first.
Youhave a tradition.
I got a guy I run with
who won't shut up.
Come on, Trey, who you got?
♪ Worked from the earth up...
Well, I agree he'd look good
on a recruiting poster.
The ideal Marine.
Too bad we're lawyers.
We don't pursue ideals,
we pursue outcomes.
Outcomes. Mm-hmm.
Birth control glasses.
[laughs]If that guy wasn't
on the cross-country team,
I'll eat my hat.
You're not wearing a hat.
I own a hat.ALEX:
Abe!
They operated on him for hours,
but he died on the table.
I thought Jason stopped
going out on patrol.
It didn't happen in combat.
Jason was stabbed
by one of his own men.
What?
It was an enlisted guy.
Ian Morehead.
I came to ask you
to handle the case, Abe.
I want you to put this guy away.
RAMI:
It's 0913,
Captain Abraham,
we are hard at work
enforcing the Uniform Code
of Military Justice.
I'm aware of both the time
and our mandate, Mr. Ahmadi.
Then you're also aware that the
staff meeting is in progress.
You should say you got pulled
over for running a stop sign.
Don't worry about it.Sir, it's been
more than five months
since you pretended
to get a moving violation.
It's the freshest excuse
by far.
I guess you could go with
a burst pipe in your apartment.
Pay attention, Rami.
I have a legitimate
excuse today.
The clothes.
It's got something to do
with the clothes.
The Article 32 hearing
is next week,
but Kearney's on defense,
so it'll probably plea out.
Can we discuss the murder
at Task Force Southwest?
We usually suggest latecomers
catch up by listening,
Captain Abraham.
No one appreciates that policy
more than I do, ma'am.
You've certainly demonstrated
your commitment to tardiness.
Jason Hunt was my C.O.
when I got shot.
He personally made sure
I got back on my feet,
and he turned into one of
the best friends I've ever had.
Last night
he took a knife wound
on the wire, and he bled out
on the operating table.
I know. And I'm sorry.I'd like to request
that we bring the accused
to Quantico for court-martial.
This is the murder
of an officer.
It deserves the varsity.
Furthermore,
I want to handle
the prosecution.
Did you just say "furthermore"?I did.
He's serious.
He said "furthermore."
I have already detailed
Major Ferry to
handle the case.
ABE:
Colonel, I have
the utmost respect
for Major Ferry's work.
"Utmost"?
He's an exceptional lawyer,
and his commitment
to a frugal lifestyle
inspires us all.
But in light
of the unique circumstances...
Unique circumstances
are the reason why
you're notgetting the case.
Major Hunt's next of kin
don't need a buddy in court.
They need a lawyer.
Ma'am, they need me.
They asked for me.
And with due respect
to the talent in this room,
I cannot sit out
on Jason's murder trial.
Major Ferry,
are you willing to
accept cocounsel?
Now, does anyone object
to us resuming
our staff meeting?
Actually, ma'am,
apologies. I got to go.
Where? What's with the clothes?
Jason's coming home.
Carry on.
Captain Dobbins.
I'm sorry about Major Hunt.
Thank you.
What are you doing here, Maya?
The MPs put PFC Ian
Morehead on that transport.
They put him
on the same flight as Jason?
It's a big plane, Abe.
I'm waiting to meet my client.
[chuckles softly]
You'rerepresenting
PFC Morehead?
I thought you liked
cases that are
a little less open-and-shut.
We must have competing
understandings
of the phrase "open-and-shut."
Counselor, your client
is getting the big green weenie.
It's just a question
of how forcefully
the government applies it.You're filing capital charges?
Bold play.
The military hasn't
executed anyone since 1960.
Could be this is a special case.
Could be my cocounsel and I
are waiting for a reason
to take the death penalty
off the table.
You'll know when I'm
in bargaining mode
because I'll be
bargaining with you.
Your client's
pleading not guilty?
Bold play.
He stabbed
his commanding officer
in front of six
Marine eyewitnesses.
There's a pretrial motion
on its way to you.
Be ready to argue it
at the arraignment.
A motion for what? Mercy?
A continuance.
I want some more time
to investigate.
BAILIFF:
All rise.
50 bucks says I can
get Metcalf to mention
his Purple Heart
before you can.
Don't keep us in suspense.
TREY:
This court-martial is convened
by general court-martial
convening order 1-17.
The accused, PFC Ian Morehead,
is charged with Article 118--
murder, Article 128--
assault, and Article 134--
disorderly conduct.
Does the defense have a plea?
Not guilty, Your Honor.
METCALF:
So noted.
Now, as to this motion
for a continuance...
Respectfully,
Your Honor, why the need
for a protracted
investigation?
The accused stabbed
his commanding officer
in front of six eyewitnesses.
PFC Morehead
doesn't remember the incident.
That's what the
witnesses are for.
Your Honor,
I refer the court
to page seven
of the pretrial motion.
This picture depicts
an MRI scan of a
healthy human brain.
This is an MRI
of PFC Morehead's brain,
taken at my request.
The overall neural mass
is considerably decreased,
and these hardened areas
indicate necrotic tissue.
The defense plans
to call experts
who will testify that my client
has clearly suffered
one or more traumatic
brain injuries.
Your Honor, this is nothing
more than an attempt
to distract the
court from the fact
that PFC Morehead
stabbed Major Hunt.
TBIs have been called
the signature wounds
of our conflicts in
Iraq and Afghanistan.
They occur when a blast wave
from an explosion,
most typically caused by an IED,
slams a Marine's brain
against the inside
of his or her skull
with tremendous force.
We're all Marines.
We know full well
what a TBI is.
Is the defense advancing
a legal argument?
TBIs have been
difficult to diagnose
because there are few
obvious outward symptoms.
Fortunately, the
military has developed
ways to assess and
treat these wounds.
The defense intends
to demonstrate
that these protocols were not
followed in PFC Morehead's case
and that he was left
untreated and permitted
to remain in a combat zone
while clearly unfit for duty.
Which, if true, is a
tragedy, but not one
that impacts
on the fact
that PFC Morehead murdered
his commanding officer.
Doesit impact on the facts?
Untreated TBIs have dozens
of side effects.
The most serious ones involve
personality changes,
changes that, if left unchecked,
can lead to violent incidents.
Incidents like, say,
the stabbing of Major Hunt.
I'd like to go to PFC Morehead's
base and find out why.
Why is it that a Marine
who should have been
forcibly retired from combat
several times over
remained at his post?
The government
requests dismissal of the motion
so that PFC Morehead's
court-martial
can proceed as scheduled.
You'll supervise
the investigation personally?
ABE:
I'd like to remind
the court that the
Uniform Code confers
the same investigative
privileges to both the defense
and the prosecution.
Uniform Code, you say?
I'll have to give that
a look-see.
Your Honor, what I'm
trying to say is...
if she's going,
I'm going, too.
Keep your heads down over there.
We don't need
any more Purple Hearts
in this courtroom.
Metcalf was ruling
on my motion
when he mentioned
the Purple Heart.
I was the last one who talked.
Inconclusive. I'm not paying.
Go pack.
We're headed to a war zone.
♪
What's your name, Marine?
Guerwicz, sir.Private Guerwicz,
can you tell me the months
of the year in reverse?
Start at the end
and work your way back
to the beginning.
December, November,
October, September,
August, June...
I-I mean, August,
July, June,
May, April...
You're making
some kind of a point.
The tools the Corps uses
to diagnose concussions
are a long way
from an exact science.
This test-- the Military
Acute Concussion Exam?
Private Guerwicz here is a boot.
He's never seen a second of
combat, and he still failed it.
Should we pull him
from active duty?
The MACE is a
blunt instrument.
But without it, hundreds of
honorably obtained war wounds
would go undiagnosed.
Do you really plan to
argue that's a bad thing?
I got witnesses. You've got...
concentration games.
December, November,
October, September,
August, July,
June, May, April,You can stop now.
March, February, January.
We haven't had a mortar
attack for a while,
but if one comes
in, just duck--
they're firing blind.Will do, Lieutenant.
It's been quiet,
so odds are good
you won't see
any action.
Lieutenant Jin, are you aware
that Captain Abraham served
multiple tours at this base when
it was called Camp Leatherneck?
I wasn't briefed
on that, ma'am.
He saw combat here,
and he brought a bullet home
for his troubles.
He knows what to do
in the event of mortar fire.
Roger that. I was led to
believe the two of you
were on
opposing sides.
Oh, we are.
But Captain Dobbins likes
to look out for me,
right up until
we get into court.
I concur with your expert.
PFC Morehead has
necrotic tissue in his brain.
It's a fair bet
he's suffering from CTE.
Course, there's no way to tell
for sure while he's still alive.
I'm confused,
Commander Hewitt.
As battalion surgeon,
aren't you
the ranking medical authority
at Task Force Southwest?
Hmm, I am.
PFC Morehead
survived
seven different explosive
incidents during his tours here,
and... no one ever thought
to give him an MRI.
Well, we can only work
with the assets we're given.
After each incident,
we administered
the MACE exam
to PFC Morehead.
He passed every time.
There was no sign
an MRI was indicated.
I wish the MACE was
a perfect tool, I do,
but it works sometimes.
Can you give me
some examples of cases
when active-duty Marines
at Camp Habibi
have been diagnosed with a TBI
and treated properly?
You're asking me
to describe medical records.
Those are private.
That's not necessarily true.
The UCMJ
specifies that
under the Military
Command Exception,
privacy can be waived
in urgent circumstances,
like, say, when a Marine is
on trial for his life.
Can I, uh,
help you find something?
Oh, sorry.
Just looking.
Wanted to see if I
recognize any names.
Well, look, I appreciate
you both have a job to do,
but I can't invoke
the Command Exception.
I'm not the C.O.
of Task Force Southwest.
[sighs]
If I'm not mistaken,
you just...
tried to help me.
Very un-Abe.
MAYA:
If you're willing to invoke
the Command Exception
to give us access to
your medical records,
you could help clarify
the circumstances
surrounding Major
Hunt's death.
I wasn't aware the circumstances
needed clarification.
The eyewitness testimony
is compelling,
but if you could give us access
to the base's medical records,
we could rule out
any uncertainty.
Forgive me,
Captain Dobbins,
but I'm not inclined
to share the private records
of Marines who haven't stabbed
their commanding officer
in order to come
to the defense of one who has.ABE:
At this point,
General, you'd be helping
the prosecution
as much as you'd be helping
the defense.
The prospect of negligence
will be raised regardless,
so if I can demonstrate
it's not part of a pattern,
my case against PFC Morehead
will be easier to prove.
Easier?
I used to drink with
some judge advocates.
They had a motto back then:
"Marines first, lawyers second."
That still the thinking
back at Quantico?
Of course.
Then please tell me
how an officer
in the U.S. Marine Corps--
one who's already got
a half-dozen eyewitnesses
to a murder--
can stand there
in good conscience
and ask me
to make his job easier?
Respectfully, General,
it's a court case.
Our job is to cross
the T's and dot the I's.
With mutual respect,
skipper...
I suggest you make do
with what you've got.
MAYA:
I want to go
over Coburn's head,
appeal to the commander
of CENTCOM
and get him
to release the records.
Help me turn over
some rocks?
You happy
with what you just heard?
Lieutenant, we
can get out here.
Captain Dobbins and I
need about 15 minutes.
We're headed back to the
battalion aid station.
Yes, sir.
Why are we going back
to the hospital?
Because if I'm gonna
help-- no offense--
I'd rather do it
productively.
There's no point
in appealing
to the head of CENTCOM
for the records.
He's not gonna undermine
a general in the field.
The people who work
for Commander Hewitt
aren't gonna tell tales
outside the chain of command,
so they're a wash.
But if we could talk to some
people who usedto work here,
maybe they'd be
more candid.
Why would Hewitt
give us those names?
He hasn't exactly been a model
of transparency so far.
He doesn't need to
give us anything.
Remember that plank
I was looking at
back at the battalion
aid station?
There's a tradition
at this camp:
Marines who are rotating
home carve their names
and dates of service in the
wood they used to build it.
ABE [over phone]:
Those are all former
battalion aid staff
at Task Force Southwest.
Some of them will still be
in the military,
some not, but find someone
who will talk to you
and ask him if there were
any irregularities
in the enforcement
of MACE protocols
while they were stationed
at Camp Habibi.
Um, did you get co-opted
by Maya over there?
Because we do prosecution
on this floor.
Oh, we're gonna be
prosecuting people.
We're just figuring out who.
Last I checked, there was
only one guy holding the knife.
Just look into it
for me, okay?
If it's nothing,
it's nothing.
Would you care to rephrase that
as a request from a junior
officer to his obvious superior?
Would the major
please assign himself the task
of interviewing the names
from the photograph, sir?
The major will give the request
due consideration.
Thank you, Captain Abraham,
for your ongoing respect
for the sanctity
of the chain of command.
TONI:
I was stationed at Habibi
for two years.
I helped to diagnose
and treat injuries
when the battalion surgeon was
either busy or unavailable.
Hmm, and as part
of those duties,
you administered the Military
Acute Concussion Examination?
Sure. Plenty of times.
Can you recall
any irregularities
in how the exam was given
or how it was scored?
Anything unusual at all
could he helpful.
Helpful with what?
A Marine stationed
at Camp Habibi
murdered his commanding officer.
He had an undiagnosed TBI.
MAN: Toni, we need
you in prep.I got to go.
If you'd just tell me
what you remember.
Good luck.
You know someone
on the spectrum?
My son.
You recognize this?
Well, my nephew's
in the same boat.
Does your kid have
a classroom assistant?
I'm working on it.Hmm. My sister started
a Tumblr account
when her kid didn't get help,
and once she had 10,000
followers, moved things along.
Thanks.
MAN:
Toni?
Abe, it's Trey.
I'm almost through
all these names you gave me.
I haven't found anyone
who's willing to stray
from the party line.
I'm starting to wonder
if the party line
might be the truth.
Hey, call me back
when you get this.
Everything all right, ma'am?
I'm sorry. Toni.
ABE:
Major Ferry.
To what do we owe
the pleasure?
It was an order, Abe.
This guy Hewitt,
he called a meeting with
the entire medical staff.
Gave them explicit
instructions about the MACE.
They were to issue it
as many times as it took
for the person taking it
to get a passing score.
Sorry, doesn't that negate
the whole purpose of the test?
Of course it does.
It wasn't just Ian Morehead
who didn't get the
treatment he needed.
No one at Camp Habibi
could fail a MACE exam.
It was official policy.
Our witness says Commander
Hewitt was fielding complaints
from brass about Task Force
Southwest being understaffed
and constantly losing people
to sick bay, so he told his team
to readminister the MACE
as many times as it took.
What do we do?Strictly speaking,
we don't have to do anything--
we have our eyewitnesses.
The case is strong.
MAYA:
This is ridiculous.
This changes everything.
You need to make a deal
with my client.
Excuse us.
The prosecution is conferring.
[sighs]
So we put Morehead away--
does that feel like justice?
Justice is whatever happens when
the panel reads their verdict.
There was a standing order
at Camp Habibi,
and it led to Jason's death.
Commander Hewitt
should be held accountable.
I don't disagree,
but there's a pucker factor
trying to prove that.
It'll be Toni
Poirier's testimony
against the word
of the active-duty personnel.
Huge pucker factor.
Is she credible? How'd you
get this woman talking?
I told her about
my neuro-atypical nephew.
You don't have a nephew.
Be careful not to mention that
in front of the witness.
MAYA:
You need Morehead's testimony.
You're going after Hewitt,
right?
We will be with you in a moment.
We have a winner here
ifwe go after Morehead.
We take on the battalion
surgeon, I wouldn't lay money
on the outcome.WOMAN:
Excuse me.
This is from
the young woman.
You want to make a deal with
the Marine who killed Jason?
ABE:
Morehead's not the only one
responsible for Jason's death.
I want to get this right.
Like exactly right.
[sighs]
What?
Did you know
my dad was a Marine?
Commanded a division
in Vietnam and everything.
My grandfather ran the show
in Belgium during World War II.
After I took my bullet,
when they told me
I couldn't be
infantry anymore,
I wasn't sure I wanted
to keep going with this thing.
I mean, "Every Marine
a rifleman," right?
We fight.
If you can't do that,
what's the point?
Jason helped me find this.
I'm here
because of him.
I'm a lawyer because of him.
I owe him everything.
I want this doctor
inside a brig forever.
But...
Morehead's the easy get.
If you tell me to stand down
from the rest, I will.
And this is the right thing?
We could lose.
Do it.
[dialing]
[line rings]
TREY:
Hey, what's up?
Trey, tell Maya
we'll take the deal.
We won't be able
to put Hewitt away
without PFC Morehead's
testimony.
Good morning,
Captain Abraham.
Is it still morning, Rami?Hmm.
I understand from Major Ferry
you're looking to make a case
based on a pattern
of malpractice
without access
to the relevant medical records.
And you have an
opinion about that?
An opinion?
Not even remotely.
I'm just a facilitator here.
But since you asked, sir,
you should be aware that the
commanding general for CENTCOM
works out of MacDill
Air Force Base in Tampa.
Thanks. I'm aware.And said CG
is none other
than General Holden Hamilton
"H.H." Carrick IV.
He's the one who could overrule
Coburn and get you the records.
The fourth. I admire
his commitment
to the H.H.
Carrick lineage.
H.H. Carrick IV is,
as you might guess,
the son of H.H. Carrick III,
who, it happens,
served honorably
under General Russell Abraham
in Saigon
and other
South Asian environs.
His dad worked for my dad?
Sounds like a Hail Mary.
Resourceful as always.
But I'm about to depose
my star witness.
I don't think
we need a...
frankly, desperate appeal
to family ties.
Good work, though.
[exhales]
Sorry.
It's in the fog.
When you say "in the fog..."?
I mean I-I don't remember.
Things are...
fuzzy for me sometimes.
PFC Morehead,
when you survived
your fifth explosion,
can you tell us
who issued you the MACE exam?
Um...
Sorry. No. That's...
In the fog.
In the fog.
Would you excuse us?
Due respect: your client doesn't
remember anything helpful.
He doesn't remember
anything harmful.
Right. Because "not harmful"
was what we were going for
when we made your guy
our star witness.
Who's representing
Commander Hewitt?
He opted for private counsel.
A certain retired Marine colonel
named Hermes
Papademotropoulos.
Did you think Hewitt was
going to hire a bad lawyer?
We're not upset
because he's good.
We're upset because we
have to spell his name.
Rami.
Can you get me an appointment
with H.H. Carrick IV?
Hail Mary time already?
CARRICK:
Russ Abraham?
[chuckles] Your old man was up
there with Santa in my house.
Three-- that's what we
used to call my father.
My granddad was Two.
I'm Four. You get it.
Three talked about
General Abraham constantly.
It was-- it was
annoying as all hell.
Did your staff brief you?
You want me to invoke
the Command Exception
so you can look at the records
for Task Force Southwest.
It'd help me get to the bottom
of a complicated situation, sir.
Yeah. I encourage
my staff to join me
for mindfulness training
three times a week.
You can sit in.
I've been on planes
for three days.
I'll fall asleep if I try to,
you know, meditate.
No, it's not meditation.
It's the practice
of mindfulness.
This is the
U.S. military.
The way you phrase things
absolutely matters.
So...
you went over Coburn's
head because you thought
my connection to your
dad would make me
sentimentally receptive
to your request.
Pretty much.
It was a nice try, kid.
You sure you
won't join us?
I got to get back
to Quantico, sir.
Thanks for hearing me out.
All right.
General Carrick.
Why not invoke the exception
and take a look
at the records yourself?
If you did it, it wouldn't be
undermining General Coburn.
You'd be doing
your due diligence.
My due diligence?
This is the U.S. military.
The way you phrase things
absolutely matters.
[chuckling]
[phone rings]
What's up, Trey?
What did you say
to General Carrick?
Look, we knew
it was a long shot.
Abe, he released the records.
What?
He invoked
the Command Exception.
Now, from what I can tell, Toni
Poirier is telling the truth.
No one-- and I mean no one--
has been diagnosed
with a concussion
since Hewitt
took over as surgeon.
[beeping]
That's Maya. I'll call you back.
We got the records.
Everything's moving fast here,
Abe.
Two of the medical officers
serving under Hewitt
at Camp Habibi
have requested counsel.
What do they need lawyers for?
They changed their statement.
They're both willing to testify
that Hewitt gave an order
to ignore MACE protocols.
The MPs are arresting
Commander Hewitt as we speak.
Congratulations.
TREY:
Don't touch the dog.
I'm serious.
I've got a lot of facts and
figures running through my head.
You sure that's what you want
to add to the mix?
Judge Corpus trains
service animals.
Apparently, the worst thing
you can do is pet them.
Breaks down their discipline.
Just don't touch the dog.
BAILIFF:
All rise.
Easy day, ladies and gentlemen.
Does the government have
any opening statement?
Ladies and gentlemen,
Lieutenant Colonel
Corpus and...
Yeti.
...and Yeti. Good morning.
PFC Ian Morehead stabbed
Major Jason Hunt in the stomach
while they were serving in
Helmand Province, Afghanistan.
Commander Hewitt, the battalion
surgeon at Task Force Southwest,
issued an order to his
staff concerning the MACE,
the exam designed to diagnose
traumatic brain injuries.
Commander Hewitt,
who had
his doubts about
the effectiveness of the test
and who felt that Task Force
Southwest was understaffed,
issued an order
that no one,
no one was to fail the MACE
on their watch.
This illegal order
set the conditions
for PFC Morehead's crime.
It led directly to the death
of Major Jason Hunt.
Commander Noah Hewitt
shares responsibility
for the murder
of an outstanding Marine.
He has to share
in the punishment, too.
Mr. Papa...
demo... tropoulos?[chuckles]
Thank you, Your Honor.
Feel free to call me Princess
if it makes
things easier.
My drill instructor sure did,
and the name just
kind of stuck.
It's been my pleasure
to sit opposite Major Ferry
and Captain Abraham
many, many times.
And they are both
just as good as the game.
And you're gonna hear
some well-crafted arguments
from the government.
But ultimately
it comes down to this:
it simply can't be proven
that Commander Hewitt
issued an order to ignore
the MACE protocols.
Now, you're gonna
hear testimony
from some of his staff
that say he did,
and you're gonna hear from
others who say he didn't.
That's "he said,
she said" stuff.
I mean, the government is,
quite simply, trying to...
point the finger of blame
where it doesn't belong,
where it can't belong.
Because we know
who killed Major Hunt.
And he's right here in
this beautiful courtroom today,
flanked by military police.
And his name is
PFC Ian Morehead.
My name is Cameron Naldi.
I'm a lieutenant junior grade
with the Navy Expeditionary
Combat Command,
currently assigned
to Task Force Southwest.
And why is
a Navy officer stationed
on a Marine Corps base?
Sir, I'm an MSO,
a-a medical service officer.
The Marines don't staff
medical personnel.
Did your commanding officer,
Dr. Noah Hewitt,
call a staff meeting
on August 4, 2018?He did.
And what was the topic?
The MACE exam.
Commander Hewitt told the staff
we were to reissue the questions
as many times as it took
for any injured Marine
to receive
a passing score.
And did anyone on the staff
voice concerns about the order?
Lots of us.
And did you follow
your C.O.'s orders?
Did you ask the questions on the
MACE as many times as it took?
Of course, sir.
We all did.
PAPADEMOTROPOULOS:
Lieutenant Naldi,
how would you describe
your relationship
with Commander Hewitt?
He's the battalion surgeon.
He's my boss.
Do you enjoy
serving under him?
Objection.
Relevance.
Lieutenant Colonel Corpus,
I intend to demonstrate bias
on the part of this witness.
I'll allow the
question to stand.
He's my commanding officer.
I do what he tells me to do.
But, son, didn't you go
over his head to request
a transfer out of
Task Force Southwest?
I did.
So you don't always do
what he tells you to do.
Objection.Objection.
That's argumentative.
Sustained.
Don't needle the witness,
Mr. Pa...
Don't needle
the witness.
What was the reason
you requested a transfer?
I thought I could serve
more effectively elsewhere.
But your request
was denied.
How many fitness reports
did Commander Hewitt
issue rating
your performance?
Three.
And in each of
those reports,
he describes you as being
barely fit for duty,
your work hampered by
anger management issues.
Did he not?
Son?
He did.And if this
court-martial finds
Commander Hewitt guilty
of murder, would he still
be posted at Camp Habibi?
Of course not.
He'd be in jail.
And you would have achieved
your goal of escaping his yoke.
Objection.Objection.
The government
is under
no obligation
to deliver its objections
in stereo.
Sustained.I will
withdraw the last question.
Nothing further.
I'm Antoinette Poirier.
I was a Navy
Independent Corpsman
detailed
to Task Force Southwest
from May 2017
until November of last year.
Can you describe
the staff meeting called
by Commander Hewitt on August 4?
Ms. Poirier?
We had a lot of meetings.
I can't recall
at this time.Ms. Poirier,
when we deposed you, you
described the meeting in detail.
I don't remember what happened
on August 4. Not at this time.
Forget the date. Do you recall
a meeting where Commander Hewitt
outlined a new policy
for issuing the MACE exam?
I don't. Not at this time.
Why are you doing this, Toni?
PAPADEMOTROPOULOS:
Objection, Your Honor.
Counsel is leading the witness.Sustained.
Why are you doing this?Objection!
Sustained. The witness
will ignore the question,
and counsel will move on
or be held in contempt.
Your Honor, the
witness's testimony
runs directly counter to what
she said in her deposition.
The government requests a
recess to assess its case
in light of the change.
Ms. Poirier, you maintain
you can't recall events
you recently
described in detail?
Not at this time, Your Honor.
CORPUS:
Then the request is granted.
I'll see you all
tomorrow.
The witness may step down.
BAILIFF:
All rise.
Abe, you old-ass leprechaun.
[chuckles]:
Happy birthday, man.
Um... listen,
Alex wants to fix you up
with somebody,
so call her, okay?
GLENN:
If you're just gonna sit
there all night, we're gonna
have to start charging you
for electricity.
Colonel.
You look, um...
Yeah, I clean up okay. Sit.
That is if your ass isn't
too sore from court today.
You heard about that?
Your star witness recanted
right in front of the panel.
What happened?
Trey went to go see Toni Poirier
after the recess.
She'll never admit this
on the record,
but I guess,
when she was overseas,
she had an affair
with one of the other officers
posted to the battalion
aid station.
The guy she used to be with
sided with Hewitt.
He came to Toni
and told her that...
he'd tell Princess what happened
if she didn't back off.
They'd expose
the affair on cross
while her husband was watching.
Sometimes it goes
the way you planned, and...
sometimes it's a goat rope.
I'm sorry it happened
on Major Hunt's case.
Thanks.
So? Is that it, then?
Should I let the CNO know
that it's game over?
The head of the Navy's
been calling you?
You've accused one
of his officers
of a far-reaching
pattern of conspiracy
and malpractice.
I have also heard
from the commandant's office
more than once.
I wish you would've told me.
You needed your space to work.
It's my job to get it for you.
Is it gonna cost you?
If that panel finds
Commander Hewitt innocent,
it's gonna cost us all.
So, this doctor's gonna walk?
Maybe.
We still have
the medical records.
We might be able to leverage
that into a little time.
[whispers]:
Okay.
Okay.
I'm sorry, Al.
[sighs]
You keep acting
like I expect everything
to work out perfectly.
I'm not some kid.
I know.
But Jason loved the Corps.
He...
he deserved better.Abe...
Jason was a Marine,
but he wasn't an idea.
He was a man.
He knew the world
wasn't perfect.
And he damn well knew
the Corps wasn't, either.
And right before
he died, he told me
he wasn't even sure
it deserved what he gave it.
What do you mean?
He did love the Marines,
like you said,
but right before he died, he...
he told me he wasn't sure
how long the Corps
would love him back.
Why?
I'm not sure.
But the way he said it...
I don't know,
it was weird.
He said he was gonna
write me an e-mail.
Do you have Jason's password?
ALEX:
Sorry, what are you looking for?
Jason used to write me
these incredibly long e-mails.
I'd ask him how he did it,
and he told me
that he wrote them
over a few sessions.
He'd save the letter in progress
in his drafts file.
I guess I'm curious
what his beef
with the Marines was."MACE."
Like the exam.
You guys finished yet?
'Cause I really need you
to be finished.Done.
Done. And for the record, Trey,
you are not a faster reader
than I am.
Scoreboard.Please.
I was out with my team.
I've had two beers.
So?
So... Jason knew
Noah Hewitt told his staff
to ignore MACE protocols.
He confronted him about it.It's intriguing,
but I don't see
what it changes.It changes everything.
Jason was going to expose
Hewitt, and Hewitt knew it.
"Hewitt knew it."Thank you, Captain.
I'm aware that it rhymes.
Noah Hewitt had motive
to kill Jason.
Right, except he
didn't kill Jason.
Not literally, anyway.
I think maybe he did.
And it wasn't
just neglect,
it was deliberate.
Noah Hewitt murdered Jason,
using Ian Morehead as a weapon.
In the billiard room?
I'm sorry, Abe,
I'm just waiting
to hear something
you can actually argue in court.
Jason died the same day
he confronted Hewitt.
On the night of the murder,
Morehead told his bunkmate
he was having
terrible headaches.
He left for sick bay at 2115--
except there's no record
of PFC Morehead being treated.
Two hours later,
he is spotted
near the fence line
and he murders Jason.
What did Morehead do
with those two hours?
Wandered?
It's a big base.
No one saw him, no one saw him
until he was walking
toward the wire.
I think maybe
he went to sick bay.
But Hewitt never put it
in the log,
because he saw an opportunity.
Instead of treating
Morehead's symptoms,
he made 'em worse.
Now, there are all
kinds of ways to...
agitate someone
in a disoriented state.
Oh.
Captain Dobbins sees
the beauty of my theory.
Hewitt whips Morehead
into a frenzy
and then drops him in a spot
where he knows
Morehead's commanding officer--
the same guy who is about
to wreck Hewitt's career--
is going to be called in
to bail Morehead out.
ABE:
Maybe Morehead attacks Jason,
maybe he doesn't,
but what's the harm
in giving it a shot?
If it works, you got rid of
two problems, two big problems.
Okay, it's
an interesting theory,
but unless you've got footage
of Hewitt taking Morehead
out to the wire,
I don't see how you prove it.
I have no such thing.
Neither of them show up
on the security footage.
We have to seek...
alternative evidence.
Such as?
We're probably
not going to find any.
Either way,
we need time to look.
Call Princess.
Tell him you want to negotiate
a plea in the morning.
You can drag your feet
while we dig around.
For how long?
No idea.
Can you kill a whole day
if we need you to?
A filibuster?
Honey...
you came to the right gamecock.
PAPADEMOTROPOULOS:
You've been out here
for two hours-- you got
a counterproposal for me,
or not?There are a ton
of deal points here, Princess.
I am working on it.
So I'll respond one by one.
You like that movie?
This negotiation is over.
How'd it go on your end?
They're all here.
How about you?
Please tell me
you got something.
I got something.
I think.
BAILIFF:
All rise.
Abe, we got to
fish or cut bait.
Do you have any news
for us, Counselors?
Your Honor,
may I have a second?
[gallery murmuring]
I'm waiting for an e-mail
from Afghanistan.
Someone with the username
Get That Ass 23.
Tell me when it comes in.Our case rides on a guy
who calls himself
Get That Ass 23?Just watch the phone.
Gentlemen.I'm gonna buy some time.
Your Honor, the government
and the defendant were unable
to reach a deal.
We call...
Commander Noah Hewitt.
[gallery murmuring]
For what I sincerely hope
is the final time,
no, I did not treat PFC Morehead
on the night he
murdered Major Hunt.
And I certainly didn't drive him
to the fence line.
I think you did.
I think you used
him to kill Jason,
because Jason knew about
all of the Marines who came
to your battalion
aid station for help
but left it as your victims.PAPADEMOTROPOULOS:
Objection.
Counsel is obliged
to offer evidence,
not his opinion.I'm certain
evidence is forthcoming
in the very near future.
Victims like
Ian Morehead himself,
a kid from
Skowhegan, Maine,
who almost washed out
of Parris Island
three different times,
but he stuck it out
because he wanted
to serve his country.
A kid who became
a Marine,
then woke up from a blackout to
find himself accused of murder.
Victims like
Mateo Lopez...
Objection!Sustained.
...a decorated veteran
who sleeps
on a park bench
because he can't hold down
you are in contempt of court.
Adrian Sorensen
couldn't be here today.
He committed suicide.
But his widow
would very much like to
meet you, Commander Hewitt.
[gavel bangs]CORPUS:
Enough! The spectators
are to sit immediately.
Captain Abraham,
that outburst earned you
a letter of reprimand.
Your next step
is 30 days in the brig.
Do you have
any questions
for the witness, or not?
[sighs]
Commander Hewitt,
on the night of Major Hunt's
murder, did your staff treat
a Private Lance Trainor
for forehead abrasions?
Possibly.
They did.
We have the records. Exhibit I.
One of your
Independent Corpsmen
gave him 12 stitches
in his forehead.
Would you read from the log
and tell us why
Private Trainor
required attention?
It says Private Trainor
took a dare.
He, uh...
he intentionally put his head
through the window of a latrine.
And what would you say
if I told you
that one of Trainor's
squad mates took a video
of the incident, and in the
background of that video,
we can clearly see you driving
a restrained Ian Morehead
in the direction
of the fence line?
I guess I'd say
I'd like to see that video.
CORPUS:
Does such evidence exist,
Captain Abraham?
Your Honor,
we're waiting for it.
No, the court has already been
more than patient.
Get That Ass!CORPUS:
I beg your pardon?
We have the video, Your Honor.
It just came in.
The government would like
to introduce it
as Exhibit J.Objection!
It's an e-mail attachment.
We'll be ascertaining
the provenance of the evidence,
but for now
the court will take a look.
[soldiers chattering]
PAPADEMOTROPOULOS:
Your Honor,
my client wishes
to revise his plea
and enter a new plea of guilty
on all charges.
And in light of this,
I'd like to
request a recess
to talk a deal
with the government.[mouths]
Granted.
This court-martial
will resume tomorrow.
[gavel bangs]
[exhales]
[sniffles]MOREHEAD:
Mrs. Hunt?
I'm...
...so sorry, ma'am.
With everything
that I am
and everything
that I'll ever be, I'm...
sorry for what I did.
God bless you and your children.
Thank you.
[sighs]
MAYA:
Nice work in there.
Am I looking at a new Abe?
What is it you like to say?
"We're lawyers. We don't chase
ideals, we chase outcomes."
I believe I got an outcome, too.
Thanks for the assist.
I'm just sorry we
didn't get to go head-to-head.
Patience, Captain Dobbins.
All good things in time.
♪ Yeah, I see jokers on my left,
thieves upon my right... ♪
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